Samar Singh vs State of Himachal Pradesh

Tarlok Singh Chauhan, J.—The petitioner has moved this application u/s 439 of the Code of Criminal Procedure for the grant of bail as he is in custody in connection with FIR No. 186 of 2013 dated 24.11.2013, registered at Police Station, Bhunter, District Kullu, under Sections 420, 467, 468, 471, 472, 201, 409 and 120B of the Indian Penal Code and 7, 8, 9, 13 of the Prevention of Corruption Act. The learned Additional Advocate General has placed on record the status report and Sanjay Sharma, Deputy Superintendent of Police (HQ), Kullu alongwith Investigating Officer, ASI Ram Lal, Police Station, Bhunter have produced the record of the case.

It appears that one Dhani approached the Manager of the Union Bank of India, Bhunter for obtaining Kisan Credit Card to the tune of Rs. 13,00,000/- vide copy of jamabandi of Khasra numbers 868/730, 864/730, khata khatauni Nos. 128/171, 129/172, measuring 21-12-11 bighas, situated in Mauja Pali, Sub Tehsil Aut, District Mandi, H.P. Subsequently it was found out the aforesaid jamabandi was forged and fake so the accused Dhani Ram cheated the bank. On the basis of these allegations FIR u/s 420, 467, 468, 471, 472, 409 and 120B IPC was registered at Police Station, Bhunter, District Kullu vide FIR No. 186 of 2013 dated 24.11.2013 at the instance of the bank Manager of Union Bank of India, Kullu Shri Narpat Ram.

During investigation, it was found out that the accused Sunder Lal had taken accused Dhani Ram to another accused Hem Raj who was retired Manager of the Bank and all the accused hatched the conspiracy to commit the aforesaid offence. The coaccused Revat Ram had picked up two blank forms of jamabandi and had prepared the fake jamabandi. It is further alleged that the fake jamabandi was verified by affixing fake stamps which were got prepared in the printing press of the petitioner on payment of Rs. 80/-. During the course of investigation the applicant was arrested on 5.2.2014 and is presently in judicial custody. The applicant had filed a bail application before learned Sessions Judge, Kullu, which was registered as bail application No. 112 of 2014 and the same was dismissed on 13.3.2014.

Insofar, the petitioner/accused is concerned, the only allegation against him is that he without obtaining written instructions from the department had prepared rubber stamps of the Government Authorities like (i)the Executive Magistrate, Kullu, (ii) Revenue Officer (Rural), Patwar Circle, Shilihar, District Kullu, (iii) Naib Tehsildar, Sub Tehsil, Aut, Distt Mandi, (iv) Patwari Halqua, Patwar Circle, Up- Tehsil Aut, Distt Mandi, (v) Revenue Officer (Rural), Revenue Circle, Up-Tehsil Aut, Distt Mandi with the help-of co-accused which ultimately was used for the preparation of forged and fictitious documents for obtaining the loan.

The investigation conducted so far reveals that he has charged Rs. 80/- only for each stamp he prepared while there is no evidence suggesting that he also shared the loan amount obtained fraudulently with his co-accused. Therefore, in the light of the investigation carried out, so far the involvement of the accused/petitioner, prima facie appears to be qua offence u/s 472 IPC which though is bailable. However, in view of the case registered under Sections 420, 467, 468 and 471, he has been booked in this case for the commission of non-bailable offence alongwith his co-accused.

The investigation is now complete and the challan also stands filed in the Court of learned Special Judge, Kullu. Moreover, co-ordinate Bench of this Court has already allowed the bail application of one of the co-accused i.e. Ashok Kumar Bodh vide order dated 27.3.2014 passed in Cr. MP (M) No. 319 of 2014. The same and similar allegations as levelled against the accused/petitioner herein have been levelled against Ashok Kumar. I find no reason as to why the accused/petitioner should also not be meted out with the same treatment. Moreover, taking into consideration that the petitioner is permanent resident of village Sarabhai, Post Office Bhunter, District-Kullu he can reasonably be believed to have roots in the society. I, therefore, see no reason that he will abscond or jump over the bail and will not be available at the time of trial. Otherwise also, in order to secure his presence, his movements can be restricted by imposing appropriate conditions upon him.

The application, therefore, is allowed. Consequently, it is ordered that the accused-petitioner, who has been arrested in connection with the case registered against him vide FIR No. 186 of 2013 in Police Station, Bhunter, District Kullu, if not required in any other case, be released on bail subject to his furnishing personal bond in the sum of Rs. 2,00,000 with one surety in the like amount to the satisfaction of learned Special Judge, Kullu and shall abide by further conditions that:

He shall;

"(a) regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

(b) not tamper with the prosecution evidence nor make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and

(c) not leave the territory of India without the prior permission of the Court."

Learned Chief Judicial Magistrate, Kullu is directed to comply with the directions issued by the High Court, vide communication No. HHC.VIG/MISc. Instructions/93-IV.7139 dated 18.3.2013.

It is clarified that if the petitioner misuses the liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. The observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this petition alone. The application stands accordingly disposed of.